HR Management & Compliance

Retaliating Against Employees: Examples Of What Is And Isn’t Illegal Retaliation

The Ninth Circuit Court of Appeal provided these examples of conduct that will—and won’t—support a retaliation claim:

  • Illegal retaliation. Examples include termination, giving an undeserved negative employment reference or unsatisfactory performance review, or refusing to consider an employee for promotion.
  • Not retaliation. Examples include declining to hold a job open for an employee, making negative statements about an employee outside the job reference context, or transferring an employee with no change in salary.

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